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Title. 



LB-2SJ1 



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FORMS AND DIRECTIONS 

INDEPENDENT SCHOOL DISTRICTS 



1. INCORPORATION 

2. ORGANIZATION 

3. LEVY AND ASSESSMENT OF LOCAL MAINTENANCE TAXES 
i ISSUANCE OF BONDS . 

5. EXTENSION OF BOUNDARY LINES 



W. F. DOUGHTY 



State Superintendent of Public Instruction 




-*'WC©OD0S^^ 



ISSUED BY 

THE DEPARTxMENT OF EDUCATION 
STATE OF TEXAS 



Bulletin 47 



September I, 1915 



FORMS AND DIRECTIONS 

INDEPENDENT SCHOOL DISTRICTS 



1. INCORPORATION 

2. ORGANIZATION 

3. LEVY AND ASSESSMENT OF LOCAL MAINTENANCE TAXES 

4. ISSUANCE OF BONDS 

5. EXTENSION OF BOUNDARY LINES 



W. F. DOUGHTY 

State Superintendent of Public Instruction 






if"'", 

« » 



-wvCDeWXiClT*^ 



ISSUED BY 



THE DEPARTMENT OF EDUCATION 

^ _ -, 

STATE OF TEXAS 



AUSTIN. TEXAS 



Bulletin 47 



September ], 1915 



A121-815-5m 



a 



,<:,/-r 



A knowledge of the laws of our country is an highly 
useful, and I had almost said essential, part of liberal 
and polite education. — Cicero. 



D» of Do 
fMY' 23 1916 



Ml 

is 



■ CONTENTS 

Forms for Incorporation 9 

Organization of Board of Trnstees 34 

Taxing Power of District 35 

Assessment of Taxes 27 

Levy of Maintenance Tax 28 

Form of Order Levying Taxes 30 

Forms for Issuance of Bonds -» 31 

Eefnnding Bonds 53 

Extension of Boundaries 54 



FOREWORD 



In this bulletin are presented forms and suggestions for guidance in 
the incorporation of independent school districts, the organization of 
boards of trustees for such districts, the levying and assessment of taxes, 
forms for issuance of bonds and refunding bonds, and for the extension 
of boundary lines of independent school districts. These forms have 
been carefully prepared in accordance with law and the Constitution 
of this State. By complying with the forms and suggestions contained 
in this bulletin, delays and inconveniences resulting from irregularities 
may be avoided. 

The State Department of Education is under great obligation to 
Hon. W. M. Harris, x4ssistant Attorney General, for his legal assist- 
ance in the preparation of this bulletin. Confidently believing that 
these forms will prove very helpful to all interested in the matters dis- 
cussed herein, this bulletin is respectfully submitted. 

W. F. Doughty, 
State Superintendent of Public Instruction. 



FORMS FOR THE INCORPORATION OF INDEPENDENT 
SCHOOL DISTRICTS 



FOEEWOED 



The statutory provisions governing the incorporation of towns and 
villages tor free school purposes only, are Articles 1034^. 1036, to and 
including 1041, Eevised Civil Statutes, 1911, and Chapter 16, Title 48, 
of said statutes. The provision of law governing the incorporation of 
county line independent school districts is found in the general laws 
of the regular session of the Thirty-second Legislature, Chapter 100, 
page 200. 

Before instituting proceedings to incorporate, read carefully the fol- 
lowing forms and notes. 

II 

As soon as the board of trustees have organized, they should send to 
the Attorney General a record of the incorporation proceedings, con- 
taining : 

1. A certified copy of the petition (Form 1) and the attached map, 
to Avhich copy must be attached the county surveyor's certificate 
(Form 2). ' 

2. A certified copy of the county judge's election order (Form 3). 

3. A certified copy of the election notice (Form 4) with the attached 
affidavit (Form 5). 

4. A certified copy of the returns of the election on incorporation 
(Form 6) and of the election for trustees (Form 7). 

5. A certified copy of the order declaring the result of the elections 
(Form 8). 

6. The certificate of the county judge (Form 9) — the original, not 
a copy; and 

7. The certificates as to incorporation of the town for municipal 
purposes, — if it ever ivas incorporated (Form 10). 

The record, if approved by the Attorney General, will be transmitted 
to the State Department of Education for permanent record, and the 
trustees will not be required to furnish another record should thev later 
desire to issue bonds. 

All of the copies and certificates should be accurately made and cer- 
tified, must be typewritten, on one side of the paper, . and securely 
fastened together by means of brads or other device. 



FORMS FOR INCORPORATION 



FOKM NO. 1 

(i) PETITIO.'Sr FOR ELECTIOiSr TO INCORPORATE 

To Hon 

County Judge of County, Texas : 

We, your petitioners, respectfully represent : 

1. That we are residenis of the town of 

in said county of (a) that we have resided 

in said town for more than six months, and that we are qualified voters 
of said town under provisions of Title 49, R. S. 

8. That said town of has two hundred 

inhabitants or over, towit : about inhabitants (b). 

3. That said town is not incorporated (c) for municipal purposes 
and lias never assumed control of the public schools within its limits. 

4. That the inhabitants of said town desire that said town shall 
form an incorporation for free school purposes onl)'-, within the boun- 
daries hereinafter described by metes and bounds, under Articles 1034 

and 2851, E. S., 1911, to be known as " 

(d) Independent ScJhool District"; 

5. That the territory proposed to be so incorporated is described by 
metes and bounds as follows : (e). 

Beginning in said County at 



6. That said territory is situated wholly within (f ) 

County, and incliTcIes within its bounds the said town of ; 

7. That said territory is laid out in a square as near as is prac- 
ticable with reference to the location of the school building therein and 
does not exceed an area of twenty-five square miles (g). A plat of 
said territory accompanies this petition as a part hereof (h). 

"Wherefore, we pray that an election be ordered within said town for 
the purpose of determining whether said town shall form an incorpora- 
tion for free school purposes only within the boundaries above set out; 
and 

We further pray that an election be ordered to be held at the same 
time designated for holding the election above petitioned for, for the 
election of a board of trustees for said independent school district, as 
provided by Chapter 18, Title 48, R. S., 1911. 

Dated this day of , 191 . . . 

(a) 



—ID- 
NOTES 

(a) The petition must be signed by at least twenty qualified voters who 
are residents of the proposed independent school district. 

(b) The town proper must have 200 inhabitants or over. It is not enough 
that the proposed district have that population. 

(c) If the town is incorporated, omit this paragraph (No. 3) and instead 
say: 

"That said town is incorporated for municipal purposes as a town or vil- 
lage under the general laws of the State." 

Only "towns and villages" may form these corporations. If the town is in- 
corporated as a ''city or town" it can assume control of its school under Chap- 
ter 17, Title 48, R. S., but it cannot form a corporation for free school pur- 
poses only under Art. 2851. 

(d) Insert the name of the town. The name of the independent school dis- 
trict should be the name of the town folloived by the words Independent School 
District. 

(e) The boundaries should be described with care and exactness. It is ad- 
vised that the field notes be prepared by the county surveyor, as it is of first 
importance that the boundaries shall be correctly given. 

The petition cannot be amended or corrected in any particular after the 
county judge Jias ordered the electioni. 

(f) If the proposed district contains territory within two or more coun- 
ties, this paragraph of the petition should recite that fact, naming the counties. 

(g) These provisos are contained in Article 2851, R. S., 1911. 

(h) A plat of the territory must be attached to the petition. It must not 
be merely an outline sketch of the proposed district. It should be such a map 
as will make it possible to examine the field notes, and, therefore, should 
designate the surveys within and those bounding the district, and course and 
distance of the lines must be given. All objects ealled for in the field notes 
should be shown on map. It would be well to have the county surveyor pre- 
pare both the map and field notes. 

(i) After the county judge orders the election, this petition and said order 
should be recorded in the minutes of the commissioners court. The record 
(see Paragraph II, page 7) must contain a copy of the petition and attached 
map, certified by the county clerk, under the seal of the county court, to be a 
true, full and correct copy of the original petition and attached map of record 
in his office. After the county clerk has made this certified copy, there should 
be attached to it the countv survevor's certificate (Form No. 2). 



—11— 

FOEM XO. 2 

(a) CERTIFICATE OF COUNTY SURVEYOR 



The State of Texas,, 
Coimtv of 



I, . , couiit}^ surveyor of said county^ 

do hereby certify that the field notes contained in the foregoing and 
attached copy of petition correctly describe the territory included within 
the limits of the Independent School District. 

That the map or plat attached to said copy of petition correctly desig- 
nates the boundaries of said incorporation and the surveys lying within 
and bounding the said district. 

That the area of the territory comprehended within said boundaries 
is acres, or square miles. 

Witness mv hand this dav of 19 . . . 



County Surveyor County, Texas. 



NOTES 



(a) This certificate to be attached to the certified copy of the petition and 
map which the county clerk will make. (See note (i) to Form No. 1.) 



FORM XO. 3 

(a) ELECTION ORDER 

On the (lay of 19 ... , a petition, having 

been presented to me, signed b}^ and 

other persons, praying for an elertion to determine if the town of 

in this county shall form an incorporation for free 

school purposes only within the bonndaries hereinafter described by 
metes and bounds, and for the election of a board of trustees therefor; 

And it appearing to me that said petition is signed by at least twenty 
residents of said town, (b) wlio are qualified voters under provision of 
Title 49, E. S., 1911. and satisfactory proof having been made before 

me that said town of contains two hundred inhabitants 

or over, (c) and that said town is not incorporated (d) for municipal 
purposes and has never assumed control of the public schools within its 
limits, and tha.t said territory is laid out in a square as near as is prac- 
ticable with reference to the location of the school building therein (e) ; 
therefore 

I, , in my capacity as county judge 

of County, Texas, do hereby order an election to be 

held at (f ) in the said town of , 

on the day of , 19 ... , for the purpose of 

determining' whether said town of shall form an 

incorporation for free school purposes only within the following de- 
scribed bounds, to be named Independent School District. 

The territory proposed to be incorporated is situated in 

County, and is described by metes and bounds as follows: 

Beginning in said County at (g) 



is hereby appointed presiding officer of said election, and 

he shall select two judges and two clerks to assist in holding it. A 
previous notice of ten days shall be given of said election, by posting 
^advertisements at three public places in said town, and the election shall 
be helrl in the manner prescribed for holding elections in other cases. 

Every male person Avho has attained the age of twenty-one years and 
who has resided within the limits of the territory herein described, and 
proposed to l)e incorporated, for the six months next preceding the 
date of said election^ and is a qualified elector under the laws of the 
State, shall be entitled to vote at said election. 

On each ticket the voter must write or cause to be written or printed 
"Corporation" or "No Corporation." 

And I do further hereby order that at the same time and place 
designated for holding the above election, and by the same election 
officers, an election shall also be held for the election of seven trustees 



—13— 

for said independent school district, as provided for the election of such 
trustees by Chapter 18, Title 48, E. S., 1911, as amended bv Chapter 
132, Acts of 34th Leg. 

Witness my hand and the seal of the county court of said county 
this. day of , 19. . . 



(h) County Judge County, Texas. 

(Seal of County Court.) 



NOTES 



(a) This order must be made by the county judge, not by the commission- 
ers court. The county judge should authenticate the order with the seal of 
the county court. 

(b) See note (a) to Form No. 1. 

(c) See note (b) to Form No. 1. 

(d) See note (c) to Form No. 1. 

(e) See note (h) to Form No. 1. 

(f) Designate the place — that is, the particular office, store or building — 
in which the polls are to be opened. 

(g) Copy description exactly as it is given in the petition. 

(h) The original order should be spread upon the minutes of the commis- 
sioners court. The record (see Paragraph II, page 7) must contain a copy of 
this order, certified by the county clerk, under the seal of the county court, to 
be a true, full and correct copy of the original of record in the minutes of the 
commissioners court. 



• —14— 

FORM NO. 4 

(a) elp:ction notice 

Xotice is hereby given that an election will be held at (b^ 

in the town of , in this county, on the day 

of , 19. . ., for the purpose of determining whether said 

town of shall form an incorporation for free school 

purposes only within the following described bounds, to be named 
Independent School District. 

The territory proposed to be incorporated is situated in 

County and is described by metes and bounds as follows : 

Beginning in said County at (c) 



has been appointed presiding officer at said election 

and he shall select iwo judges and two clerks to assist in holding it, and 
said election shall be held in the manner prescribed for holding other 
elections. 

Every male person who has attained the age of twenty-one years and 
who has resided within the limits of the territory hereinabove described, 
and proposed to be incorporated, for six months next preceding the date 
of said election, and is a qualified elector under the laws of the State, 
shall be entitled to vote at said election. On each ticket the voter must 
write, or cause to be written or printed, "Corporation" or "No Cor- 
poration."" 

Notice is hereby also given that at the same time and place designated 
for holding the above election, and by the same election officers, an 
election will also be held for the election of seven trustees for said 
by Chapter 18, Title 48, R. 8., 1911, as amended by Chapter 132, Acts 
of 34th Leg. 

Said elections will be held in pursuance of a petition filed with me 

on the day of , 19 ... , and an order made by 

me on the day of , 19. . . 

Witness mv hand and the seal of the county court of this county, 
this dav of ,19... 



County Judge t'Ounty, Texas. 

(Seal of county court.) 



NOTES 



(a) The county judge should prepare, sign and seal (using the seal of the 
county court) four copies of this election notice. Three must be posted in the 
town — each in a public place — at least ten (10) days before the date for the 
election, exclusive of the day of posting and the day of the election. 

The fourth copy is to be filed in the county clerk's office after the person 



-15- 



who posted the notices has made affidavit thereto (Form No. 5), which aflB- 
davit should be attached to the copy of the election notice, which notice and 
affidavit should be spread upon the minutes of the commissioners court 

(b) See note (f) to Form No. 3. 

(c) Copy description exactly as contained in petition and order of election. 
The notice must designate the time and place of the election, the name and 

boundaries of the district, and should name the same presiding officer, as was 
done in the order calling the election. 



—16— 
FOEM NO. 5 

(a) AFFIDAVIT OF POSTING NOTICES 



The State of Texas, 
Coimtv of 



Before me, the nndersigned authority, on this day personally appeared 

, who, being by me duly sworn, says on his 

oath that he posted a true copy of the notice of election, hereto attached, 

at (b) , and , 

in the town of , in said coimty, each of which is a 

public place in said town, on the day of 19. . ., 

which was more than ten days prior to the date of said election. 



Subscribed and sworn to before me this day of , 19. . 

'(c)".'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 

(Seal of office.) 



NOTES 

(a) This affidavit to be attached to the original copy of election notice 
(Form No. 4) filed in the county clerk's office, and the clerk should spread said 
notice together with affidavit of posting upon the minutes of the commissioners 
court. The affidavit must be signed and sworn to by the person posting the 
notices. 

(b) Name the places where the notices were posted. Each notice to be 
posted in a public place in the town. 

(c) May be sworn to before any officer authorized to administer oaths, who 
should not fail to follow his signature with his official designation and to affix 
his official seal. 

(d) The record (see Paragraph II, page 7) must contain a copy of the 
election notice (Form No. 4) and the attached affidavit (Form No. 5), certi- 
fied by the county clerk, under the seal of the county court, to be a true, full 
and correct copy of the original notice and attaclied affidavit of record in the 
minutes of the commissioners court. 



—17- 



FOEM NO. 6 



(a) RETURNS OF ELECTION ON INCORPORATION 



The, State of Texas, 
County of 



To the Hon 

County Judge of said County : 

We, the undersigned officers, lidding an election on the 

da}'' of , 19 .... to determine whether the town of 

shall form an incorporation for free school purposes only, hereby certify 

that at said election there were votes cast, of which number 

there were cast : 

For "Corporation" votes. 

For "ISTo Corporation" votes. 



Majority for "Corporation" votes. 

We herewith enclose poll list and tally sheet of said election. 
Witness our hands this dav of , 19 . . . 



Presiding 


Officer. 


Judge. 


Judge. 


Clerk. 



Clerk. 



NOTES 

(a) The returns must be made to the county judge within ten days after 
the election. After he has canvassed the returns, same should be spread upon 
the minutes of the commissioners court by the county clerk. 

(b) The record (see Paragraph II, page 7) must contain a copy of the re- 
turns, certified by the county clerk, under the seal of the county court, to be 
a true, full and correct copy of the original of record in the minutes of the 
commissioners court. 

(c) Should the presiding judge of the election for any cause fail or refuse 
to act, the voters assembled at the polls may select a presiding judge, who will 
be authorized to appoint necessary judges and clerks. In such case the pre- 
siding officer should attach to the returns of the election his affidavit stating 
why he acted as such presiding judge and how he qualified. 



—18— 

FOEM NO. 7 

(a) returns op school trustee election 

The State of Texas, 
County of 

We, the undersigned officers, holding an election on the. . . . •. 

day of , 19. . ., for the purpose of electing seven trustees 

for the Independent School District, do hereby 

certify that at said election there were cast votes, of which 

received votes. 

received votes. 

received votes. 

received votes. 

received votes. 

received votes. 

received votes. 

. . .' received votes. 



We herewith enclose poll list and tally sheet of said election: 
Witness our hands this day of , 19 . . . 



Presiding Officer. 
Judge. 
Judge. 
Clerk. 
Clerk. 



NOTES 

(a) See note (a) to Form No. 6. 



—19— 

FOEM NO. 8 

(a) oeder declaring result of the elections 

The State of Texas, 
Count}^ of 

Whereas, an election was duly held in the town of , 

in this county, on the day of , 19 ... , notice 

thereof having been duly given, as required by law, to determine whether 
said town should form an incorporation for free school purposes only 
within the boundaries hereinafter described, and returns of said election 
having been duly made to and canvassed by me, from which returns it 
appears that at said election votes were cast for "Corpora- 
tion" and votes for "No Corporation"; 

Therefore. I, , in my capacity as 

county judge of County, do adjudge that said election 

resulted in favor of such incorporation, and I do hereby declare the 
inhabitants of said territory, hereinafter described, duly incorporated 
for free school purposes only within said boundaries, the name of the 
incorporation being Independent School District. 

The territory so incorporated is situated in 

County and is described by metes and bounds as follows: 

Beginning in said County at (b) 



And whereas, on the said day of 19 ... , 

there was also held in said town an election for seven trustees for said 

Independent School District, and returns of 

said election having been duly made to me and having been canvassed 
by me, I find from said returns that at said election there were cast 
votes, of which (c) 

received votes. 

, received votes. 

received votes. 

. , received votes. 

. received votes. 

received votes. 

received votes. 

received votes. 



Therefore I do hereby declare the said (d) 



—20— 

duly elected as trustees of said Independent 

School District. 

This order is made and entered by me on the records of the com- 
missioners court of County, this day of 

, 19 . . ., and the clerk of the county court is ordered 

immediately to record this order and the plat of said district in the 
deed records of this county. 



County Judge County, Texas. 

(Seal of county court.) 



NOTES 



(a) This order must be recorded in the minute book of the commissioners 
court, and signed by tlie county judge. 

The county clerk, under the seal of the commissioners court, should then 
make a copy of this entry and attach to it a copy of the plat of the territory 
incorporated, certifying the copy as follows : 

The State of Texas, 
County of 



I, , clerk of the county court and ex-officio clerk of 

the commissioners court of said county, do hereby certify that the above and 
foregoing pages contain a true, full and correct copy of the entry made upon 

the records of the commissioners court of this county by , 

as county judge of said county, declaring the inhabitants of the territory 
therein described incorpoiated for free school purposes only, under the name of 

Independent School District, and declaring the result 

of the election for trustees for said district, as said entry appears upon pages 

of Book of the minutes of said commissioners court, 

and of the plat of said Independent School District. 

Given under my hand and seal of said court, this the day of 

19.. .. 



Clerk County Court and ex-officio Clerk Commissioners Court, 

County, Texas. 

(Seal of Commissioners Court.) 

This certified copy should then be recorded in the deed records of the county. 
After having been so recorded, let this copy form part of the record upon in- 
corporation ( see Paragraph II, page 7 ) . 

(b) Copy description exactly as contained in petition (Form No. 1). 

(c) Name every person voted for and show the vote ea^ch received. 

(d) Name the seven receiving the highest vote. 



—21— 

FOEM NO. 9 

(a) cektificate of couin'ty judge 

The State of Texas, 
County of 

I, , count}' judge of said county, 

do hereby certify that on the day of •. , 19 . . . 

I made an entry upon the records of the commissioners court of said 

county declaring the , Independent School District 

duly incorporated for free school purposes only and declaring 

duly elected as trustees of said district. 

That on the day of , 19 ... , I issued certifi- 
cates of election to said persons named (b) and each of them took the 
oath of office prescribed by the Constitution faithfully and impartially 

to discharge the duties of his office (c) and on the day of 

19 ... , filed with me his affidavit to that effect (d) . 

Witness my hand and the seal of the county court of said county 
this the day of , 19 . . . 



County Judge County, Texas. 

(Seal of county court.) 



NOTES 



(a) This certificate to form part of the record upon incoi'poration (see 
Paragraph II, paa;e 7). 

(b) See Chapter 18, Title 48, R. S., 1911. 

(c) For form of oath see Section 1 of Article XVI of the Constitution. 

(d) See Chapter 18, Title 48, R. S., 1911. 



—22— 



FOEM NO. 10 



(a) CERTIFICATES AS TO THE INCOEPORATION OF THE TOWN FOR MUNICI- 
PAL PURPOSES 

(Certificate of Coimty Clerk.) 

The State of Texas, 
Countv of 



I, , clerk of the county court and 

ex officio clerk of the commissioners court of County, 

Texas, do hereby certify that upon pages of Book 

of the minutes of said commissioners court, appears the entry of 

, as county judge of said county, 

declaring the inhabitants of the town of 

duly incorporated as a "town or village" (b) for municipal purposes, 
said entry bearing date the day of , 19. . . (c). 

Witness my hand and the seal of said commissioners court this the 
day'^of 19.. . 



Clerk County Court and Ex Officio Clerk Commissioners 

Court of County, Texas. 

(Seal of commissioners court.) 

(d) Certificate of Mayor and Town Clerk.) 

The State of Texas, 
Countv of 



We, , the mayor, and 

the (e) of the town of , in said 

county, do hereby certify that saicL town was incorporated for municipal 
purposes as a "town or village" on the day of 19 . . . 

(f) That said town has never accepted, or attempted to accept, as 
its charter the provisions of Chapters 1 to 13, inclusive, of Title 22, 
E. S., 1911, in reference to cities and towns. 

That said town has never acted, or attempted to act, as a "city or 
town" incorporated under Chapter 1 of said Title 22, and that the 
board of aldermen of said town have never exercised, or attempted to 
exercise, any powers, rights or privileges other than those conferred 
upon towns, and the boards of aldermen thereof, incorporated under 
Chapter 14 of said Title 22 of the Eevised Statutes of 1911. 

Witness our hands and the seal of said town this the day of 

19... 



(Seal of the town.) 



Mayor, Town of. 
. . . (e) Town of. 



—23— 

NOTES 

(a) If the town vms ever incorporated for municipal purposes the record 
'(see Paragraph II, page 7) must contain this certificate of the county clerk. 

(b) In examining the entry, the clerk will note carefully whether the town 
was incorporated as a "city or toum," or as a "toivn or village." 

(c) If the corporation has been abolished, the clerk will, in this certificate, 
give the date of the election to abolish the corporation and the date, and book 
and page of record of the order of the county judge declaring the corporation 
abolished. 

Note. — If the town was originally incorporated as a "city or town" — or if, 
after incorporating as a "town or village," it became a "city or town" — and 
thereafter the corporation was abolished, then, in addition to the county clerk's 
certificate, the record ( see Paragraph II, page 7 ) must contain : 

1. A certified copy of the petition for the election to abolish the corpora- 
tion (Article 1078, Revised Statutes, 1911). 

2. A certified copy of the order for the election. 

3. A certifie'd copy of the election notice. 

4. Affidavit showing how notice was posted. 

5. A certified copy of the election returns. 

6. A certified copy of the county judge's order declaring the corporation 
abolished. 

These copies must be certified by the county clerk as indicated in the notes 
to the foregoing forms. 

(d) If the town is now incorporated, the county clerk's certificate must be 
■followed by this certificate of the mayor and clerk (or secretary) of the town. 

(e) Insert "clerk" or "secretary." 

(f) If the town has ever attempted to become a "city or town," omit this 
.and the succeeding paragraph and state the facts fully. 



--ZA- 



ORGANIZATION OF OF BOARD TRUSTEES 

The county judge, after making the entry declaring the result of the 
elections, shall issue certificates of election to the seven trustees elected. 

Before any trustee enters upon the discharge of the duties of his 
office he must take the oath prescribed by the Constitution faithfully 
and impartially to discharge the duties of his office. For the form of 
this oath see Section 1 of Article XVI of the Constitution. 

The oath of office must be in ivriting, signed and sworn to by the 
trustee. It may be sworn to before any officer authorized to administer 
oaths. 

The oaths of office of the trustees elected at the first election must be 
filed witli the county judge; those of trustees thereafter elected must 
be filed with the president of the board of trustees. 

The trustees shall meet within twenty days after their election, or 
as soon thereafter as possible, for the purpose of organizing. 

They shall draw for terms. Those drawing the numbers 1, 2, 3 and 4 
shall serve until the election of their successors on the first of April 
next following their election. Those drawing the numbers 5, 6 and 7 
shall serve until the election of their successors one year later. 

The trustees shall choose a president, a secretary, a treasurer, an 
assessor and collector of taxes, and other necessary officers and com- 
mittees. The president must be one of the trustees. A member of the 
board cannot serve as treasurer or assessor and collector of taxes, or as 
secretarv if the secretary is a paid official of the board. 

The members of the board of equalization (see "Assessment of Taxes,'^ 
page — , ihis pamphlet) must not be members of the board of trustees. 

"All incorporated districts having each fewer than 150 scholastics 
according to the latest census shall be governed in the administration 
of their schools by the laws which apply to comiuon school districts, and 
all funds of such districts shall be kept in the county treasury and paid 
out on order of the trustees approved by the county superintendent." 
(See Article 28ofi, E. S., 1911.) The terms county treasurer and county 
treasury as used in all provisions of law relating to school funds shall 
hereafter be construed to mean the county depository. 

"County superintendents, county judges, and all school officers, shall 
take the oath prescribed by the Constitution to faithfully and impar- 
tially discharge the duties of their respective offices." (See Article 2766, 
R. S., 1911.)^ 

"In an independent district of more than one hundred and fifty 
scholastics, whether it be a city which has assumed control of the schools 
within its limits, or a corporation for school purposes only,, the treasurer 
of the school fund shall be that person or corporation who offers satis- 
factory bond and the best bid of interest on the average daily balances 
for the privilege of acting as such treasurer. The treasurer shall be 
required to give bond in double the estimated amount of the receipts 
coming annually into his hands. Said bond shall be made payable tO' 



—25— 

the president of the board and his snccessors in ofSce, conditioned for 
the faithful discharge of the treasurer's duties and the payment of the 
funds received by him upon the draft of the president, drawn upon 
order, duly entered, of the board of triTstees. It shall be approved by 
the school board, and the State Department of Education shall be 
notified of the treasurer by the president of the school board filing a 
copy of said bond in said department." (See Article 2771, E. S., 1911.) 

The depository shall be selected as treasurer for the scholastic year, 
that is, for the term from September 1 to August 31 next following. 
The bond of the treasurer must be for "double the estimated amount 
of the receipts coming annually into his hands" and "conditioned for 
the faithful discharge of his duties and the payment of the funds 
received by him upon the draft of the president, drawn upon order, 
duly entered, of the board of trustees." It must be payable to the 
president of the board, or his successor in office and be approved by 
the board of trustees. 

A copy of the bond, properly certified by the secretary? of the school 
board, should at once be forwarded to the State Department of Education, 

The board of trustees by a vote of a mnjority of the hoard may require 
the county assessor and collector of taxes to assess and collect the taxes 
of the district. 

A majority of the board (four members) constitutes a quorum for 
the transaction of all business except the levy of a tax, when there must 
be present two-thirds of a full board (five mejnbers) to constitute a 
quorum. 

The trustees should immediately procure a seal bearing the name of 
the district. 

For the powers and duties general of the board of trustees and of 
the secretary, treasurer and other officers, and for the compensation of 
officers, see Chapters 12, 16 and 18, Title 48, E. S., 1911. 

TAXING POWER 

"Trustees of incorporated districts that have been or may hereafter 
be incorporated under general or special laws for school purposes only, 
shall have power to levy and collect an annual ad valorem tax not to 
exceed 50 cents on the $100 valuation of taxable property of the district 
for the maintenance of schools therein and a tax not to exceed 25 cents 
on the $100 for the purchase of sites and purchasing, constructing, 
repairing or equipping public free school buildings within the limits 
of such incorporated districts, provided that the amount of maintenance 
tax, together with the amount of bond tax of the district, shall never 
exceed 50 cents on the $100 valuation of taxable property. Said trustees 
shall have power to issue coupon bonds of the district for building pur- 
poses to be made payable not exceeding forty years from date, in such 
sums as they shall deem expedient, to bear interest not to exceed 5 per 
cent per annum ; provided, that when such buildings are to be wooden, 
the bonds herein provided for shall not run for a longer period than 
twenty years; provided, that the aggregate amount of bonds issued for 



—86— 

the above named purpose shall never reach an amount that the tax of 
25 cents on the $100 valuation of property in the district will not pay 
current interest and provide a sinking fund sufficient to pay the prin- 
cipal at maturity, and provided further, that no such tax shall be levied 
and no bonds issued until after an election shall have been held wherein 
a majority of the taxpaying voters voting at said election shall have 
voted in favor of the levying of said tax of the issuance of said bonds, 
or both, as the case may be; provided, that the specific rate of tax need 
not be determined in the election/' (Article 2857, R. S., 1911.) 

The trustees are authorized to levy and collect a tax of not exceeding 
twenty- five (25) cents on the $100 valuation of taxable property for 
the purpose of purchasing or constructing and equipping public free 
school buildings and purchasing sites therefor within the district; and 
in addition a tax, the rate of which, together with the rate of the bond 
tax, shall not exceed fifty (50) cents on the $100 for the support and 
maintenance of the public free schools of the district. 

The valuation of taxable property of the district and the amount of 
the bond issue determine the rate of the bond tax. The trustees should 
levy each year only such a rate of bond tax as will produce sufficient 
funds to meet the interest on the bonds and provide the proportionate 
part of the sinking fund. The difference between the rate of bond tax 
and fifty cents is available as the rate of the maintenance tax of the 
district. A specific rate of maintenance tax may be voted; but the 
better procedure is to vote a maintenance tax of a rate "not exceeding 
fifty cents on the $100 valuation of taxable property in the district." 
and then, after levy of the proper rate to provide for indebtedness on 
account of bonds issued, the remainder of the tax, within the fifty-cent 
limit, will be available for maintenance purposes. If the district has 
no bonded indebtedness the entire rate of fifty cents is available for 
maintenance purposes. 

But no lax for any purpose can be collected unless it shall first have 
been voted by the property taxpaying voters of the district. 

The trustees must each year pass an order levying such taxes as the 
board deems necessary, not exceeding, of course, the rate authorized by 
vote of the property taxpaying voters. (For form of ord^r levying taxes, 
see Form No. 13.) 

Five members of the board are required to constitute a quorum at a 
meeting for the imposition, of taxes. 



—27— 



ASSESSMENT OF TAXES 

Trustees of independent school districts must, in the assessment of 
property for taxation, be governed h}^ the laws governing the city council 
of a citv, incorporated under the general law, in the assessment of city 
taxes. (Article 2861, E. S., 1911, and Articles 938 to 955^ E. S., 1911.) 

The board of trustees must comply strictly with the provisions of these 
articles, except that they will act by order instead of by ordinance. 

The penal provision contained in Article 939 (the last clause of the 
article) does not apply to independent school districts. 

The assessor's duties are prescribed by Articles 942, 943, 944, 949 
and 952, E. S., 1911. 

Taxes may be voted, levied and collected for the current year, not- 
withstanding the district Avas incorporated after the first day of Jan- 
uary of the year. But all property must be assessed with regard to its 
situs and status on January 1 (Article 940). That is, the assessor must 
assess all property which on the first day of January was situated or 
owned within the limits of the territory incorporated and which on 
January first of the year was subject to taxation. 

The commissioners appointed, under Article 945, as the board of 
equalization, must not be members of the board of trustees. For the 
duties of the board of equalization read — in the order given — Articles 
955 and 946 to 954, both inclusive. 

The secretary of the board of trustees shall act as secretary of the 
board of equalization (Article 946). 

Where, by order of a majority- of the board of trustees, the county 
assessor and collector are required to assess and collect the taxes of the 
independent district, the values should be accepted by the board of 
trustees as equalized by the county board of equalization. 

If the property of the district is assessed by the county tax assessor, 
no property shall be assessed at a greater value than the value at which 
it is assessed for State and county taxes. However, an independent 
district having more than 150 scholastic population and having its own 
assessor and collector must appoint a board of equalization, which board 
in equalizing values, is not bound by valuations fixed on same property 
for State and county purposes. See ease of Cooper vs. Avery, 168 S. 
W., 412. (Writ of error, however, has been granted in this ease.) 

In the latter case the district must have separate tax rolls. 



—28— 



PROCEEDINGS NECESSARY TO AUTHORIZE THE LEVY OF 
A TAX FOR THE SUPPORT AND MAINTENANCE 

FORM NO. 11 

PETITION FOR ELECTION FOR MAINTENANCE TAX 

To the Board of Trustees of Independent School 

District : 

We, the imdersigned taxpaying voters of said 

Independent School District, hereby petition yonr honorable body to 
order an election, as provided in Article 2857 et seq., R. S., 1911, to 
determine whether the board of trustees of said district shall have 
power to annually levy and collect a tax upon all taxable property in 
said district, for the support and maintenance of public free schools 

in said .Independent School District, of and at 

the rate of (a) 

Dated the dav of 19. . . 

(b) 



NOTES 



(a) Insert here: "not exceeding fifty cents on the $100 valuation of taxable 
. property in the district" ; or the proposition may be for a specific rate. In 

the latter case, insert here: " cents on the $100 valuation of tax- 
able property in the district"; but the rate so inserted, together with the rate 
of necessary bond tax in the district, must not exceed fifty cents on the $100. 

(b) To be signed by at least twenty taxpaying voters of the district. 



—29— 



FORM NO. 12 

(f) ELECTION ORDER 

Be it ordered by the board of trustees of 

Independent School District that an election be held at (a) 

in the town of in said 

Independent School District on the. .' day of , 19. . .. 

to determine whether the board of trustees of said district shall have 
power to annually levy and collect a tax upon all taxable property in 
said district, for the support and maintenance of public free schools in 

said Independent School District, of and at 

the rate of (b) ; such tax, if voted, to be levied 

and collected for the year • (c) ^nd annually thereafter 

unless it be discontinued as provided by law. 

is hereby appointed manager of said 

election, and he shall select two judges and two clerks to assist him in 
holding the same. 

ISTone but property taxpayers who are qualified voters in said 

Independent School District shall vote at said election. 

A copy of this order signed by the president and attested by the sec- 
retary of this board shall serve as proper notice of said election, and 
the president shall cause notice of said election to be given in accord- 
ance with law (d). 



NOTES 

(a) Designate the place — that is, the office, stare or building — where the 
polls will be opened. 

(b) See note (a) under Form No. 11. 

(e) If the election will be held before the completion of the tax rolls for 
the current year, insert here the number of the current year. Otherwise, insert 
the number of the ensuing year. 

(d) Four copies of this order should be jnade and signed by the president 
and secretary of the board, under the seal of the district — three to be posted 
in different portions of the district, one of them at the place designated for 
holding the election for twenty full days before the date of the election; the 
fourth copy to be filed in the office of the secretary of the board after there has 
been attached to it the affidavit of the person who posted the notices, stating 
the date when and naming the places where he posted the notices. 

The returns of the election and order declaring the result of the elction should 
follow the Forms Nos. 18 and 19. The returns must be recorded. (See note 
(c) to Form No. 18.) 

(f) One election and no more may be held in any one calendar year to 
ascertain whether a school tax shall be levied. See Article 2858, R. S., 1911. 
Such election must be ordered for a date not less than thirty days from date 
of the election order. 

(g) Every male person who has resided within the State twelve months 
and in the county and school district for six months next preceding the date 
of the school district tax election, and who owned property, real or personal, 
within the district on the first day of January preceding such bond or tax 
election, which could have been assessed for taxation, whether so assessed or 
not, and who has paid his poll tax. State and county, for the preceding year, 
which should have been paid prior to February 1 of the year in which he offers 
to vote, and who is otherwise qualified, with respect to age, etc., will be en- 
titled to vote in the school district bond or tax election. 



—30— 
FORM NO. 13 

(a) ORDER LEVYING TAXES 

Be it ordered by the board of trustees of 

Independent School District that 'there is hereby levied for the year 

(b) on all real property situated and all property owned 

within the limits of the Independent 

School District on the first day of January of the current year, except 
so much thereof as may be exempt by the Constitution and laws of this 
State or the United States, the following taxes: 

First. An ad valorem tax of and at the rate of cents 

on the one hundred dollars cash value thereof, estimated in lawful cur- 
rency of the United States, for the support and maintenance of the 

public free schools in said Independent 

School District. 

Second. An ad valorem tax of and at the rate of cents 

on the one hundred dollars cash value thereof, estimated in lawful cur- 
rency of the United States, to pay current interest on and provide one 
vears sinking fund for the bonds of said district dated (c). 

Third (d). 



NOTES 



(a) It requires five niemhers of the board to constitute a quorum at a meet- 
ing for the imposition of taxes. 

(b) Insert the number of the current year. An order should be passed each 
year levying such taxes as are desired to be collected for the year, within the 
limit of the taxes previously voted. 

(c) Insert date of the bonds. If the bonds were authorized by an order 
passed during the currenl year and before this order is passed, in which order 
this tax was levied for the current year, add here: "this levy being made in 
ratification of, but not in addition to, the levy of said tax made by the order 

of this board passed on the day of 19 .... , 

authorizing the issuance of said bonds." 

(d) If the district has issued more than one series of bonds, a tax must 
be levied for each series. The total taxes levied for bonds must not exceed 
twenty-five (25) cents. 

The tax for maintenance and support of schools, together with the tax for 
bonds, must never exceed 50 cents on the $100. 



—SI- 



FORMS FOR THE ISSUANCE OF BONDS 

The statutory provisions for regulating the issuance of bonds are 
found in Chapter 16, Title 48, R. "s., 1911. 

Before instituting proceedings for the issuance of bonds, read care- 
fully the following forms and notes. 

Before having the honch printed and before contracting for the 
erection of the proposed building, send to the Attorney General the fol- 
lowing record, to ascertain if the bonds will be approved : 



1. 

2. 
3. 
davit 
4. 
5. 
6. 
7. 
8. 
9. 
10. 



BOND RECORD 

Certified copy of the petition for election (Form 14). 
Certified co])y of election order (Form 15). 
Certified copv of election notice (Form 16) and attached affi- 
(Form 17). 
Certified copy of election returns (Form 18). 
Certified copy of order declaring result of election (Form 19). 
Certified copy of bond order (Form 20). 
Statement of indebtedness (Form 21.) 
Statement of taxable values (Form 22). 
Certificate of secretary (Form 23). 
Form of bond (Foi-m 24). 



Districts hereafter incorporated are required, as soon as the trustees 
have organized^ to send the record upon incorporation (see paragraph II, 
page 7) to the Attorney General. Such districts need not send another 
such record to the Attorney General when submitting the bond record. 
But if the district has extended the boundaries, copy of petition, reso- 
lution, etc. (Formes Nos. 26, ?7 and 28), must be sent the Attorney 
General for insertion in the record upon incorporation. 

Districts heretofore incorporated — unless the legality of the incor- 
poration of the district has been passed upon by the Attorney General — 
must submit the record upon incorporation (see paragraph II, page 7), 
and — if the district has extended its boundaries- — copy of petition and 
resolution, etc. (Forms Nos. 26, 27 and 28), before instituting proceed- 
in2;s to issue bonds. 



It has happened heretofore that a district instead of incorporating 

under the name of " Independent School 

District," adopted a different name. Such a district must act under 
the name by which it was incorporated, followed hy the descriptive 
phrase: "An independent school district incorporated for free school 
purposes only." 



All copies and certificates made for the bond record should be pre- 
pared with care and accuracy, and they must be typewritten, on one 
side of paper only and securely fastened together by means of brads or 
otherwise, in order of procedure had. 



—32— 
FORM NO. 14 

(h) PETITION FOR BOND ELECTION 

To the Board of Trustee? of Independent 

School District: 

We, the undersigned taxpaying voters of said 

Independent School District, hereby petition your honorable body to 
order an election, as provided in Articles 2857 et seq., R. S., 1911, to 
determine whether the bonds of said district shall be issued to the 

amount of $ (a) payable (b) years from their 

date, (c) and bearing interest at the rate of (d) per cent 

per annum (e) for the purpose of (f) 

and if there shall be annually levied and collected on all the taxable 
property in said district for the current year and annually thereafter 
while said bonds, or any of them, are outstanding, a tax sufficient to 
pay the current interest on said bonds and provide a sinking fund suffi- 
cient to pay the principal at maturity. 

Dated the dav of '. , 19. . . 

(g) 



NOTES 



(a) To ascertain the amount of bonds which can be issued: Find what 
amount of taxes will be produced by the authorized tax of 25 cents on the 
$100 valuation of taxable property, according to the latest approved tax rolls 
of the district. 

If the district has any bonds outstanding, deduct from the amount of taxes, 
which the 25-cent tax will produce, the amount needed to provide for one 
year's interest on and sinking fund for the outstanding bonds; the balance is 
available for additional bonds. If the district has no bonds outstanding, the 
entire proceeds of the 25-cent tax is availahle for bonds. 

Multiply the amount of taxes availahle by — 
6§ for 10-year 5 per cent bonds. 

10 for 20-year 5 per cent bonds. 

12 for 30-year 5 per cent bonds. 

|3J for 40-year 5 per cent bonds. 

(b) The bonds may run not exceeding 40 years if issued to construct a 
building of other than wooden material. If it is proposed to erect a building 
of iDooden material, the bonds shall not run for a longer period than 20 years. 
If it is desired to have the bonds mature serially ; that is, a portion of the 
bonds to mature each year or series of years, it will be necessary that this be 
stated in the petition, order of election, and notice of election. They must be 
so voted to mature in this way. In case it is desired to have bonds mature 
serially, insert at (b) the following languiige: '"payable serially as follows, 
to wit : dollars on the day of , 19 .... , and 



—33- 



dollars on the day of each and every 

year thereafter to and including the year 19 .... " 

(c) If it is desired to specify the option of redemption which shall be re- 
served in the bonds, insert here: "With option of redemption at any time 

after years." It is, perhaps, better not to do this, leaving it 

to the board of trustees, when they pass the order providing for the issuance 
of the bonds, to determine what option shall be reserved. 

(d) The bonds may bear interest at a rate not to exceed 5 per cent. It is 
advised that the bonds shall not bear a lower rate than 5 per cent. The bonds 
cannot legally be sold below par. 

(e) If it is desired to specify how interest shall be payable, insert here: 
"payable annually," or "payable semi-annually." It might be well to leave 
this" also, to be determined by the trustees when they pass the order providing 
for the issuance of the bonds. 

(f) If the purpose is to build and equip a school building and purchase a 
site therefor, say: "constructing and equipping a public free school building 

of material, and purchasing a site therefor, within said 

district." (If the district already owns a suitable building site, omit the words 
"and purchasing a site therefor.") 

If to repair or build an addition to an existing school building, say: "for the 
purpose of constructing permanent repairs (or else, "constructing an addition," 

whichever is the purpose) of material to the 

public free school building of said district." 

In the blanks, state of what material the building, repairs or addition will 
be constructed, and of what material is the existing building, in case it is pro- 
posed to repair or add to an existing school building. In such case, if the ex- 
isting building is of wood or if the repairs or addition will be constructed of 
wood, the bonds must not run longer than 20 years. See note (b) above. 

(g) To be signed by at least twenty taxpaying voters of the district. 

(h) The original petition should be preserved in the ofRce of the secretary 
of the board of trustees. The copy forming part of the bond record should be 
certified as follows : 

The State of Texas, 
County of 

I, , secretary of the board of trustees of 

Independent School District, do hereby certify 

that the above and foregoing is a true, full and correct copy of the Petition for 
Bond Election presented to said board of trustees at their oneeting held on 

the day of , 19 .... , the original of which is 

on file in my office. 

Witness mv hand and seal of said district, this day of , 

19 .... ' 



[Seal of district.] 



Secretary Board of Trustees. 



—34— 
FORM NO. 15 

(h) ORDER FOR BOND ELECTION 

On this. ....... day of , 19 ... , came on to be con- 
sidered a petition in writing signed by and 

other persons, asking that an election, as hereinafter 

ordered, be ordered by this board for the purpose hereinafter set forth. 

And it appearing to the satisfaction of the board that said petition 
is signed by at least twenty taxpaying voters of this district and that 
the election petitioned for should be ordered. 

It is therefore ordered by the board of trustees of 

Independent School District that an election be held at (a) 

in the town of , within this district, on the 

day of , 19. . .. (b) to determine whether (c) the bonds 

of said Independent School District shall be 

issued to the amount of $ , payable years 

from their date (d) and bearing interest at the rate of per cent 

per annum (e) for the purpose of (f) 

and whether there shall be annually levied, assessed and collected on all 
the taxable property in said district for the current year and annually 
thereafter while siiid bonds, or any of them, are outstanding, a tax 
sufficient to pay the current interest on said bonds and provide a sinking 
fund sufficient to pay the principal at maturity. 

is hereby appointed manager of said 

election, which shall be held as nearly as may be possible in conformity 
with the general election law of the State. 

No person shall vote at said election unless he be a qualified voter 
under the Constitution and taws of this State and a taxpayer in said 
Independent School District (g) . 

Those in favor of the issiumce of the bonds and the levying of the 
tax shall write or print on their ballots "for the bonds and the tax" ; 
and those against the issuance of the bonds and the levying of the tax 
shall write or print on their ballots, "against the bonds and the tax." 

Public notice of said election shall be given by posting notices thereof 
signed by the president and attested by the secretary of the board in 

three public places in said Independent 

School District at least twenty days before the day of the election. 



NOTES 



(a) Designate the plate — that is, the particular building, store or office — 
in the town, where the polls will be opened. 

(b) The date of the election must be not less than thirty full days from 
the day this order is passed, exclusive of the day on which the order is passed 
and of the day on which the election will be held. 

If a proposition for the issuance of bonds has been previously submitt/ed and 



—35— 

defeated, no election for that purpose shall be ordered till after the expiration 
of one year. 

(c) Take care to state the proposition to he voted cm, precisely as it is stated 
in the petition for election. Do not change it in any manner and do iwt add 
anything to it. 

(d) (See note (b) to Form jSTo. 14.) If the petition specifies the option 
of redemption which it is desired shall be reserved in the bonds, insert it here. 
(See note (c) to Form No. 14.) 

(e) If the petition specifies how interest shall be payable, insert it here. 
(See note (e) to Form No. 14.) 

(f) State the purpose precisely as it is stated in the petition for the election. 

(g) A person who is a qualified voter in the district, and who owned prop- 
erty on the first day of January prior to the election which was subject to 
taxation in the district, is entitled to vote whether or not his name, or his 
property, a'ppears on the tax rolls. 

(h) The copy of this order for the bond record should be certified by the 
secretary as follows : 

The State of Texas, 
County of 



1, , secretary of the board of trustees of the 

Independent School District, do hereby certify that 

the above and foregoing is a true, full and correct copy of an order passed by 

the board of trustees of the Independent School District, 

at a meeting of the board (insert in the blank "regular" or 

"special" as is the fact ) , held on the day of , 19 .... , 

at which meeting there were present Trustees 

(name all the trustees loho were presemt), as the same appears of record, in 

the minutes of said meeting, on page , book , of the minutes of said 

board, which minutes have been duly signed by the president. 

Witness my hand and seal of said district, this day of , 

19 



[Seal of district. 



Secretary Board of Trustees, 



—36— 
FOEM NO. 16 

(h) NOTICE OF BOND ELECTION 

Notice is hereby given that an election will be held at. . (a) 

in the town of , within the 

Independent School District, on the day of , 19. . ., 

to determine whether (b) the bonds of said district shall be issued to 

the amount of $ , payable years from their 

date (c) and bearing interest at the rate of per cent 

per annum (d), for the purpose of (e) 

and whether there shall be annually levied, assessed and collected on all 
the taxable property in said district, for the current year and annually 
thereafter while said bonds, or any of them, are outstanding, a tax 
sufficient to pay the current interest on said bonds and provide a sinking 
fund sufficient to pay the p]-incipal at maturity. 

(f) has been appointed manager of said 

election, which shall be held as nearly as may be possible in conformity 
with the general election laws of the State. 

No person shall vote at said election unless he be a qualified voter 
under the Constitution and laws of this State, and a taxpayer in said 
Independent School District. 

Those in favor of the issuance of the bonds and the levying of the 
tax shall write or print on their ballot "for the bonds and the tax" ; 
and those against the issuance of the bonds and the levying of the tax 
shall write or print on their ballots "against the bonds and the tax." 

Said election was ordered by the board of trustees of said 

Independent School District by order passed on the day of 

, 19. . ., (g) and this notice is issued pursuant to 

said order. 

Dated this day of , 19. . . 



President of Board of Trustees of said District. 
(Seal of district.) 

Attest : 



Secretary of Board of Trustees of said District. 



NOTES 



(a) Be careful to name the particular place in the town which was desig- 
nated, in the election order, as the voting place. 

(b) The proposition to be voted on must be stated exactly as it was stated 
in the election order. Add nothing to it; do not change it in any manner. 

(c) (See note (b) to Form No. 14.) If the election order stated the op- 
tion of redemption to be reserved in the bonds, state it here. 

(d) If the election order stated how interest shall be paid, state it here. 

(e) State the purpose precisely as it was stated in the election order. 



—37- 



(f) Name the person who was named as manager in the election order. 

(g) State correctly the date upon which the election order was passed. 

(h) Make four copies of this election notice. Three of such notices must be 
posted in different public places in the district at least twenty (29) full days 
before the date of the election, exehosive of the day of posting and of the day 
of election. Each notice must be posted in a public place. 

The fourth copy to be filed with the secretary of the board of trustees after 
the person who posted the notices has made affidavit thereof (Form No. 17), 
which afUdavit must be attached to the copy of the notice. 



—38— 
FOEM NO. 17 

(d) AFFIDAVIT OF POSTING OF NOTICES 



The State of Texas, 
County of 



Before me, the nndersigiaed anthority, on this day personally appeared 

, who, being by me first duly sworn, 

says upon his oath that he posted a true copy of the election notice, 

hereto attaclied, in three different public places in the 

Independent School District on the day of , 19. . . 

which was twenty full days prior to the date of said election, (a) said 

notices having been posted at , and , 

each of which is a public place in said district, (b). 



Sworn to and subscribed before me this day of ., 19, 

(ci:::::::::;::::::;:::;::: 



(Seal of officer.) 



NOTES 



(a) Insert the date on which the notices were posted. ■ 

(b) Name the places where the notices were posted. 

(c) May be sworn to before any officer authorized to administer oaths, who 
must follow his signature with his official designation and affix his official seal. 

(d) This affidavit is to be made by the person who posted the notices and 
attached to the copy of the election notice, which then should be filed with the 
secretary of the board. (See note (h) to Form No. 16.) 

The secretary will make, for the bond record, a copy of the election notice 
and attached affidavit, certifying it as follows : 

The State of Texas, 
County of 



I, , secretary of the board of trustees of 

Independent School District, do hereby certify 

that the above and foregoing is a true, full and correct copy of the notice of 

the bond election held on day of , 19 .... , in said 

district, which was issued by the president of said board, and of the affidavit 

of attached thereto, as appears in the records in my 

office on page of book , minutes of the board of trustees. 

Witness my hand and seal of said district, this day of , 

19.... 



Secretary Board of Trustees. 
(Seal of district.) 



-39- 



FOEM NO. 18 

(d) ELECTION RETUENS 

The State of Texas^ 
County of 

To the Board of Trustees of Independent School 

District : 

We, the undersigned officers, holding an election at (a) 

in the town of , in said district, on the day of 

, 19 . . ., to determine whether the bonds of said 

Independent School District shall be issued to 

the amount of $ , payable (b) years from 

their date and bearing. per cent interest for the purpose of 

(c) and whether there shall be 

annually levied, assessed and collected on all the taxable property in said 
district, for the current year and annually thereafter while said bonds, 
or any of them, are outstanding, a tax sufficient to pay the current in- 
terest on said bonds and provide a sinking fund sufficient to pay the 
principal at maturity, do hereby certify that at said election there were 
votes cast, of which number there were cast : 

"For the bonds and the tax" votes. 

"Aarainst the bonds and the tax" votes. 



Majority "For the. bonds and the tax" votes. 

We herewith enclose poll list and tally sheet of said election. 
Witness our hands this the day of , 19 . . . 

(e) 

Manager. 



Judge. 
Judge. 



Clerk. 
Clerk. 



NOTES 

(a) Name place where polls were opened. 

(b) See note (b) to Form No. 14. 

(e) State purpose as it was stated in election order and election notice. 

(d) Returns of the election should be made to the trustees toithin ten days 
after the election, and the returns shall he recorded by the secretary in the 
minutes of the board of trustees. 



—40— 

(e) If the presiding officer appointed to hold the election for any reason 
fails or refuses to act as such, the person so acting shall attach his affidavit 
to the returns of tlie election stating why he acted as such presiding judge 
and how he qualified. 

The secretary will certify the copy for the bond record as follows : 

The State of Texas, 
County of 

I, , secretary of the board of trustees of 

Independent School District, do hereby certify that 

the above and foregoing is a true, full and correct copy of the returns of the 

bond election held in said district on the day of , 

19 .... , which returns were filed in my office on the day of , 

19...., and have been duly recorded in the record of election returns of said 
district on page of book 

Witness mv hand and seal of said district, this day of , 

19.... 



Secretary Board of Trustees. 
(Seal of office.) 



—41— 



FOEM NO. 19 



(d) ORDER DECBARING RESULT OF ELECTION 

On this the day of , 19 . . ., came on to be con- 
sidered the returns of an election held on the da}' of , 19. . . 

to determine whether the bonds of this district shall be issued to the 

amount of $ , payable years after date (a) and 

bearing interest at the rate of per cent per annum (b) for 

the purpose of (c) and whether there 

shall be annually levied, assessed and collected on all the taxable prop- 
erty in said district, for the current year and annually thereafter while 
said bonds, or any of them, are outstanding, a tax sufficient to pay the 
current interest on said bonds and provide a sinking fund sufficient to 
pay the principal at maturity. 

And it appearing from said returns, duly and lawfully made, that 

there were cast at said election votes, of which number 

votes were cast ''for the bonds and the tax," and votes were cast 

"against the bonds and the tax." 

It is therefore found and declared, and so ordered, by the board of 

trustees of the Independent School District, 

that a majority of the taxpayers voting at said election voted in favor 
of the issuance of said bonds and the levying of said tax, and that, 
therefore, this board is authorized to issue said bonds and to levy, assess 
and collect said tax. 



NOTES 

(a) (See note (b) to Form No. 14-.) If the election order stated the op- 
tion of redemption to be reserved, state it here. 

(b) If the election order stated how interest shall be paid, state it here. 

(c) State purpose as it was stated in election order. 

(d) The secretary should certify the copy of this order in the same Tnan- 
ner as required for the copy of "Order for Bond Election." (See note (h) to 
Form No. 15.) 



FOEM NO. 20 

(o) BOND oed:ee 

On this the day of , 19 the board of 

trustees convened in regular session at (a) meeting 

of the board, and there being present the following members of the 
board (b) 

passed the following order : 

Whereas, at an election held for tbe purpose of determining - the 

question, on the day of , 19. . ., which election was 

ordered and held, and of which notice was given and returns thereof 
made and canvassed in every respect according to law, a majority of 
the taxpayers voting at said election voted in favor of the issuance of 
the bonds hereinafter described and of the levying of the tax herein- 
after levied. 

Therefore, be it ordered by the board of trustees of 

Independent School District, as folloAvs: 

1. That the bonds of said Independent School 

District, to be called " Independent School District 

Schoolhouse Bonds," be issued under and by virtue of Chapter 16, Title 
48, E. S., 1911, to the amount of $ for the purpose of 

(c). 

2. That said bonds shall be numbered consecutively from one to 

, both inclusive, shall be of the denomination of 

dollars ($ ) each, aggregating dollars ($ ) . 

3. That they shall be dated the. . .^. day of , 19 . . ., 

and shall become due and payable (d) years from their date. 

4. That said bonds shall bear interest at the rate of per cent 

per annum, payable (e) on the day of 

of each year. 

5. That the principal of and interest on said bonds shall be payable, 
in lawful money of the United States, upon presentation and surrender 
of bond or proper coupon at the office of the Treasurer of the State of 
Texas, or at (f) at the option of the holder. 

6. That in each of said bonds there shall be reserved, in favor of 
said district, the option of redeeming the same at any time after 

, (g) years from its date upon payment of the principal 

and accrued interest; and each bond shall provide that in case the same 
shall be called in for redemption before maturity, notice thereof in 

writing shall be given to (h) by the treasurer 

of the board of trustees of said Independent 

School District at least thirty days before the date fixed for redemption, 
and that if it shall not be presented for redemption, it shall cease to 
bear interest from and after the date so fixed for redemption. 

7. That said bonds shall be signed by the president and counter- 
signed by the secretary of this board and the seal of 



—43— 



Independent School District shall be impressed upon each of them. 
The facsimile signatures of the president and secretary may be litho- 
graphed, engraved or printed on the coupons. 

8. That each of said bonds shall contain the following recitals and 
provisions : 

"It is hereby recited and certified that this series of bonds has been 
authorized by a vote of a majority of the taxpayers voting at an election, 

for the purpose of determining the question, held on the day of 

, 19 . . ., in said district ; that the said election was 

ordered and held, notice thereof given and returns thereof made and 
canvassed in every respect according to law; that all acts, conditions 
and things required to be done and performed and to happen precedent 
to and in the issuance of this series of bonds, and of this bond, have 
been properly done and performed and have happened in regular and 
due time, form and manner as required by law; that the total indebted- 
ness of said Independent School District, 

including the entire series of bonds of which this is one, does not exceed 
an}'' constitutional or statutory limitation, and that the faith and credit 

of said Independent School District are hereby 

pledged for the punctual payment of the principal of and the interest 
on this bond " 

9. That to pay current interest on said bonds and provide a sinking 
fund sufficient to pay the principal at maturity, there shall be collected 
during each year that said bonds, or any of them, are outstanding, the 

sum of . . . . w (i) dollars, which is the aggregate of 

( j ) of the principal of, and one yearns 

interest on, all of said bonds. 

•10. That to raise said sum of $ (i) for the first year, there 

is hereby levied for the year (k) a tax of and at 

the rate of (1) cents on the $100 valuation of taxable 

property in said ' Independent School District, 

which tax shall be assessed and collected and applied to the purposes 
named. 

11. That during each year thereafter, while said bonds, or any of 
them, are outstanding, there shall be computed and ascertained, by the 
board of trustees of said district, what rate of tax, based upon the latest 
approved tax rolls of the district, will be necessary, requisite and suffi- 
cient to fully make, raise and produce the said sum of $ (i) 

and said tax, of and at the rate so found necessary, as aforesaid, shall 
be, and hereby is ordered to be, levied, assessed and collected on all 
taxable property in said district, and said money, when collected, shall 
be applied to the purposes named. 

12. That (^), "the president of this 

board, is hereby authorized to take and have charge of said bonds pend- 
ing their investigation and approval by the Attorney General and regis- 
tration by the Comptroller, and, after their approval and registration, 

he is authorized to negotiate their sale and receive for the said 

Independent School District the proceeds thereof. 



—44— 



NOTES 

(a) Insert "regular" or "special." 

(b) Name those present. 

(c) State purpose exactly as it was stated in election order and election 
notice. 

(d) If serial bonds were voted, see note (b) to Form No. 14. 

(e) Insert "annually" or "semi-annually." 

(f) It is well to name the office of the State Treasurer as one of the places 
of payment, in case it is intended to offer the bonds for sale to the State Board 
of Education. Name also a bank in New York or Chicago, in case the bonds 
are to be sold in the market. If desired, name also a bank in the State. If 
more than one place of payment is named, do not omit the words "at the option 
of the holder." 

(g) State the same option which was expressed in the election order and 
election notice, if any was there expressed. If the order and notice were silent 
on that point, the trustees may reserve such option of redemption as they deem 
best for the interest of the district. If it is desired to reserve to the district 
the option of redeeming the bonds serially, then par-agraph 6 of the order 
should read: "That in each of said bonds there shall be reserved in favor of 

said district, the option of redeeming bonds numbered one to , 

years after date, and bonds numbered to , 

years after date," etc., "upon payment of principal and accrued interest," etc. 

(h) If the bonds are payable at the office of the State Treasurer only, in- 
sert here "the Treasurer of the State of Texas." If payable also at a bank 
(or banks) say "the Treasurer of the State of Texas and to said hank" (or 
"and to said banks," if more than one is named.) 

(1) To ascertain the amount required annually: (1) Divide the amount 
of bonds to be issued by the number of years they will run, to And the amount 
needed each year for sinking fund. (2) Add to this the amount of one year's 
interest on the entire issue. The aggregate of these amounts should be written 
here. 

(j) If the bonds will run forty years, write here "one-fortieth"; if thirty 
years, "one-thirtieth" ; if twenty years, "one-twentieth." 

(k) If this order is passed before the tax rolls are completed, insert here 
the number of the current year. If passed after the final approval of the rolls, 
insert the number of the ensuing year. 

(1) To ascertain the rate of tax necessary, divide the amount required an- 
nually (see note (h) above) by the total assessed valuation according to the 
latest approved tax rolls. The quotient will be the number of cents required 
on each dollar, expressed decimally. Multiply the quotient by 100 to find the 
number of cents on each one hundred dollars. 

For example : What rate of tax upon an assessment of $234,567 will pro- 
duce $500? Five hundred dollars divided by $234,567 equals the decimal 
.0021316, nearly, which multiplied by 100 equal .21316, or about .21^. Twenty- 
one and one-third one-hundredths of a dollar is 21^ cents. Therefore, there 
would be needed a tax at the rate of 21^ cents on the $100. 

The trustees may, in their discretion, levy a larger rate of tax, not exceed- 
ing 25 cents, however. 

(m) Name the president of the board. See Section 6 of Chapter 124, Gen- 
eral Laws of Regular Session, Twenty-ninth Legislature. 

The president should solicit bids for the bonds, either by advertising in a 
financial journal or by corresponding with dealers in such securities, or both. 
He shall notify the State Board of Education of all bids received and give the 
Board an option of 10 days in which to purchase the bonds at the price offered 
by the best bona fide bidder. Such notification should be made to the Comp- 
troller of Public Accounts, Austin, Texas, in whose office the bonds must be 
registered. 



—45— 



(n) There must be at least five members of the board present at the meet- 
ing at which this order is passed. 

The secretary, in certifying the copy of this order for the bond record, will 
use the form of certificate in note (h) to Form No. 15. 



—46— 
FOEM ^^0. 21 

STATEMENT OF INDEBTEDNESS 

The following is a comjilete statement of the indebtedness of the 

Independent School District, including the 

series of bonds proposed : 

1. Proposed Bonds — 

To be dated , to rim 

years, and bear per cent interest 

2Der annum, total amount to be issued $ 



2. Outstanding Bonds— 

(a) Dated , due , 

bearing .per cent interest per annum, 

amount originally issued, $ , amount this day in 

sinking fund, $ , total amount of this issue out- 
standing 



Total indebtedness of every character $. 



We, , secretary of the board of trustees of 

Independent School District, and , 

treasurer of said district, do hereby certify that the above and foregoing 
statement exhibits a true, full and correct statement of the indebtedness 

of said district, of every character, existing on the day of 

, 19. . ., including the series of bonds proposed, 

as shown by the books and records of said district in our respective offices. 

Witness our hands and seal of said district this day of 

, 19... 



Secretary Board of Trustees of said District. 
Treasurer of said District. 



(Seal of district.) 



NOTES 



(a) If the district lias several issues of bonds outstanding, give full state- 
ment of each. 



—47— 



FORM NO. 22 

STATEMENT OF TAXABLE VALUES 

I, , tax assessor 

(a) do hereby certify that the assessed 

value of property for the purposes of taxation in said 

Independent School District, as shown by the tax rolls of said district 

for the year , , which have been duly approved and which 

is the last official assessment of said district (b) is as follows: 



Personal property 
Eeal property . . 



Total $ 

Witness my hand this the day of _ , 19. . . 

Tax Assessor (a) 



NOTES 

(a) "Tax assessor for Independent School District," 

if the assessor was chosen by the board. If the county assessor is the assessor 

for the district, say : "Tax assessor for county, Texas, and 

assessor for the Independent School District in said 

county."' 

(b) This statement must be based upon the latest approved tax rolls made 
for the disirict. 



—48— 

FOEM NO. 33 

certificate of secretary 

The State of Texas, 
Coimt}^ of 

I, , secretary of the board of trustees of 

Independent School District, do hereby certify : 

1. That no tax for any purpose was levied by said board of trustees 
during the current year prior to the passage of the order providing for 

the issuance of $ of bonds, which order was passed on the 

day of , 19... (a). 

2. That the boundaries of said district have never been extended (b). 
Witness mv hand, and the seal of said district, this dav of 

'. , 19... 



Secretary of Board of Trustees. 
(Seal of district.) 



NOTES 



(a) If any tax has been levied during the current year, prior to the pas- 
sage of the bond order, include in the bond record a certified copy of the order 
making the lev;v\ 

(b) If the boundaries have ever been extended, instead of this paragraph 
say: 

''That the boundaries of said district were extended by a resolution adopted 

by its board of trustees on the day of , 19 .... , and 

were again extended by a resolution adopted by its board of trustees adopted 

on the day of , Ifl . . . . : but its boundaries have 

not been extended since the date last aforesaid." 

Unless it has previously been done, there must be furnished, in such case, a 
copy of the petition, resolution, etc. (Forms Nos. 26, 27 and 28.) 



— i9— 



FORM NO. 24 

FORM OF BOND 

It is suggested that the bond record be accompanied by a draft of the 
bond. The Attorney General will approve its form, or indicate the 
necessary changes, and the approved draft can be furnished the printer 
for copy. 

It is not necessary that a copy of the bond order be printed on the 
bonds. Therefore it will not be necessary to furnish the printer with 
a copy of the order. 



No. 



United States of America 



The State of Texas 



Countv of. 



.Independent School District Schoolhouse Bond 



Independent School District, in the county 

of , State of Texas, for value received, acknowledges 

itself indebted to and hereby promises to pay to bearer, 

years from date hereof, the sum of ($ ) 

dollars in lawful money of the United States of America, together with 

interest thereon from the date hereof at the rate of per cent 

per annum, payable (a) on the day of 

, and of each year, both 

principal and interest payable upon presentation and surrender of proper 
bond or coupon at (b) 



Said Independent School District hereby 

l-eserves the right to redeem this bond at any time after 

years from its date by paying principal and accrued interest, and in 
case the same shall be called in for redemption before maturity, notice 
thereof in writing shall be given to (c) 



by the treasurer of the board of trustees of said 

Independent School District at least thirty days before the date fixed 
for redemption, and should this bond not be presented for redemption, 
it shall cease to bear interest from and after the date so fixed foi 
redemption* 

This bond is one of a series of bonds, numbered consecu- 
tively from to , inclusive, of the denomination 

of , ($. ) dollars each, aggregating. 

($ ) dollars, issued for the purpose of (d) 



—so- 
under and 1)_Y virtue of the Constitution and law? of the State of Texas, 
and in pursuance of an order ])assed hy the hoard of trustees of said 

Independent School District on tlie 

da}' of 19 ... , which order is of record in book 

page ....... of the minutes of said board of trustees. 

It is hereby recited and certified that this series of bonds has been 
authorized by a vote of a majority of the taxpayers votins: at an election, 

for the purpose of determining the ciuestion, held* on the day of 

, 19..., in said district ; that said election was ordered 

and held, notice thereof given and returns thereof made and canvassed 
in every respect according to law ; that all acts, conditions and things 
required to be done and performed and to happen precedent to and in 
the issuance of this series of bonds and of this bond, have been properly 
done and performed and have happened in regular and due time, form 
and manner as required by law ; that the total indebtedness of said 

Independent School District, including the 

entire series of bonds of which this is one, does not exceed any con- 
stitutional or statutory limitation ; and that the faith and credit of 

said Independent School District are hereby 

pledged for the punctual payment of the principal of and the interest 
on this bond. 

In v.-itness whereof, the Inde]X'ndent School 

District has caused its corporate seal to be hereto altixed and this bond 
to be signed by the president and countersigned by the secretary- of the 
board of trustees ; the date of this bond, in conformity with the order 

above referred to, being the dav of 19... 

(e)' 

President Board of Trustees of Independent School District. 

Countersioned : 



Secretary Board of Trustees of Independent School 

District. 
(Seal.) 



Form of Coupon 
No $. 



Independent vSchool District in the county 

of ; State of Texas, promises to pay to bearer at (b) 



on the day of , 19 . . . , ($ 

dollars, being months' interest on 

Independent School District Schoolhouse Bond, dated * 

and numbered No 

(f) 

President Board of Trustees. 



Secretarv Board of Trustees. 



—51— 

Comptrollers Certificate to be Printed on Bonds 

Office of the Comptroller of the State of Texas. 

I, , (g) Comptroller of Public Accounts, 

certify that there is on file and of record in my office a certificate of the 
Attorney General of the State of Texas to the effect that this bond has 
been examined by him, as required by Article 619, Eevised Statutes of 
1911, and that he finds that it has been issued in conformity with the 
Constitution and laws of the State of Texas, and that it is a valid and 

binding obligation upon said Independent School 

District of Texafe, and said bond has this day been registered by me. 

Witness mv hand and the seal of mv office this day of 

■ ,19... 

Comptroller of Public Accounts of the State of Texas. 



NOTES 



(a) Insert '"annually" or "semi-annually" as it was stated in the bond 
order. 

(b) Name the place or places of payment as stated in bond order. If more 
than one, do not omit the words "at the option of the holder." 

(c) Name the same person or persons or banking institution which was 
named in paragraph 6 of the bond order. If the bond order, Form No. 20, 
does not reserve to the district the option of redeeming the bonds prior to their 
maturity, omit this paragraph of bond form. • 

(d) State purpose exactly as it is stated in bond order. 

(e) When the bonds are presented to the Attorney General for approval, 
each must be signed by the president and secretary of the board and bear the 
impress of the seal of the district, and be accompanied by the certificate of 
the secretary of the board to the effect that the officers signing the bonds are 
the present officers of the district. 

It is not necessary that the bonds shall be sent by messenger to the At- 
torney Gf«neral. They may be sent by express. 

(f) When the copy of bond is sent to the printer, send also a copy of the 
signatures of the president and secretary, if it is desired to have the signatures 
lithographed on the coupons. 

(g) Insert the name of the Comptroller. 



BEFUNDING BONDS 

1. Read Articles 2864 and 623 et seq., R. S., 1911. 

2. The bond record in regard to refunding bonds submitted to the Attorney 
Greneral must contain: 

(a) All the data with respect to the original issue; that is. Forms Nos. 14 
to 23 both inclusive. 

(b) And with respect to tJie new bonds, a certified copy of Form No. 25; 
and Forms Nos. 21, 22 and 23. 

(e) Form of bond. Follow Form No. 24, making the necessary changes. 



—52— 

REFUNDING BONDS 

FOEM NO. 25 

(a) OEDER FOR REFUNDING BONDS 

Whereas, b}^ order of the board of trustees passed on the 

day of , 19..., the 

Independent School District legally issued its bonds dated 

to the amount of $ , bearing per cent interest, 

of which issue there are now outstanding and unpaid bonds amounting 
in the aggregate to the sum of $ ; and 

Whereas, the board of trustees of said 

Independent School District consider it advisable and to the interest of 
said district that new bonds be issued in lieu thereof; 

Therefore, be it ordered by the board of trustees of said 

Independent School District, as follows: 

1. That the bonds of said district, to be called " 

Independent School District Eefunding Bonds," be issued under and by 

virtiie of Article 2864, E. S., 1911, io the amount of $ (b), 

for the purpose of paying off, cancelling and in lieu of a like amount 
of the legally issued and outstanding bonds of said district dated 

2. (Same as Section 2 of Form 20.) 

3. (Same as Section 3 of Form 20.) 

4. (Same as Section 4 of Form 20.) (c). 

5. (Same as Section 5 of Form 20.) 

6. (Same as Section 6 of Form 20.) 

7. (Same as Section 7 of Form 20.) 

8. That each of said bonds shall contain the following recitals and 
provisions : 

"It is hereby recited and certified that this series of bonds is issued in 

lieu of a like amount of bonds of said 

Independent School District heretofore legally issued and which were 
outstanding and unpaid at the date of the issuance of this series of 
bonds; that all acts, conditions and things required to be done and 

performed (continue as in Section 8 of Form 20 to the 

end of that section). 

9. (Same as Section 9 of Form 20.) 

10 (d). 

11, (Same as Section 11 of Form 20.) 

12 (e). 



NOTES 



(a) No election is necessary to authorize the issuance of refunding bonds. 
There must be at least five members of the board present at the meeting at 
which this order is passed. 



—53— 



(b) The money in the sinking fund for the bonds to be refunded must b« 
applied, as far as it will go, to the payment of those bonds, and new bonds 
may be issued for the balance, only. 

(c) The new bonds may bear the same rate of interest as, or a less rate 
than, the bonds to be refunded. The refunding bonds cannot bear a greater 
rate of interest than the old bonds; and the State Board of Education cannot 
exchange old bonds for new bonds bearing a less rate of interest than the old. 

(d) If this order is passed before any taxes are levied for the year, follow 
Section 10 of Form No. 20. 

If before this order is passed a tax was levied, for the year, for the bonds 
to be refunded. Section 10 should read : 

"10. That to raise said sum of $ for the first year, there is 

hereby appropriated the tax of cents on the $100, levied by 

this board on the day of , 19 .... , to provide for 

interest and sinking fund on the bonds in lieu of which this series of bonds is 
issued, which tax shall be collected and so applied." 

(e) Copy Section 12 of Form No. 20 and add the following: "and he is 
further authorized to apply the said proceeds thereof to the payment and dis- 
charge of said bonds in lieu of which this series of bonds is issued." 



—54— 

EXTENSION OF BOUNDARIES 

FOEM NO. 36 

(e) FORM OF PETITION 

To the Honorat)le Board of Trustees of Independent 

School District : 

We, your petitioners, respectfully represent : 

That the subscribers hereof constitute a majority of the inhabitants, 
qualified to vote for members of the Legislature, of the territory herein- 
after described, and desire such territory to be added to and become 
part of the Independent School District. 

That said territory proposed to be so added adjoins the limits of said 

Independent School District, is contiguous to 

one line of said corjioration, and is desi-ribed by metes and bounds as 
follows (a) : 

Beginning in the county of at 



That the Independent School District, as 

it now exists, contains an area of less than twenty-five square miles and 
that the proposed addition will not increase the corporate limits of said 
district so that the whole, when so increased, will exceed twenty-five 
square miles. 

To show the location of the territory ]iro])osed to be annexed with 

reference to the existing territory of said 

Independent School District, there is attached hereto, as a part of this 
petition, a map showing the existing territory of said district and the 
territory proposed to be added thereto (1)). 

Wherefore, we pray that said territorv be received as an addition to 

and to become part of the corporate limits of said 

Independent School District, as provided for by Article 2865, R. C. S.. 
1911. 



(c) AFFIDAVITS 

The State of Texas. 
County of 

Before me, tlie undersigned authority, on this day personally appeared 
and and 



—55- 



vvlio^ after being by me duty sworn, severally say upon oath that they 
are inhabitants, qualified to vote for members of the Legislature, of the 
territory described in the foregoing and attached petition and are sign- 
ers of said petition, and that the facts set forth in said petition are true. 



Subscribed and sworn to before me this dav of , 19 

W • 



(Seal of officer.) 



NOTES 

(a) See note (e) to Form No. 1. 

(b) See note (h) to Form No. 1. 

(c) The petition must be signed by a majority of the inhabitants (quali- 
fied to vote for members of the Legislatui-e) of the territory proposed to be 
annexed. This affidavit must he made by three — any three — of the signers. 

(d) See note (c) to Form No. 5. 

(e) This petition should be filed with the president of the board of trustees, 
whose duty it is to submit it to the board. After it has been acted upon, the 
original should be preserved by the secretary of the board, who Avill make a 
certified copy of it, including the attached map and affidavit, under the seal of 
the district, to be furnished the Attorney General. This certificate should be 
in the following form: 

EXTENSION OF BOUNDARIES 

The State of Texas, 
County of 

I, , secretary of the board of trustees of 

Independent School District, do hereby certify that 

the above and foregoing is a true, full and correct copy of the original Peti- 
tion for Extension of Limits of said district, and of the map and the affidavit 
attached to and accompanying the same, which petition was filed by the presi- 
dent of the board of trustees of said district, and was by him submitted to 

said board of trustees at a meeting held on the day of , 

19. . . ., the original being now of record in book , page , of the 

minutes of said board of trustees. 

Witness my hand and seal of said district, this day of , 

19.... 



'Seal of district.] 



Secretary Board of Trustees. 



—56— 
FORM N^O. 27 

(a) CERTIFICATE OF COUXTY SURVEYOR 



The State of Texas, 
Countv of 



I, county surveyor of said county, do 

hereby certify that the field notes contained in the foregoing and at- 
tached copy of petition correctly describe the territorv added to tlie 
Independent School District. 

That the map or plat attached to said copy of petition correctly 

designates the boundaries of said Independent 

School District as the same existed before the annexation of said terri- 
tory, and the boundaries of the territory added to and described in said 
copy of petition. 

That the area of the Independent School 

District, including the territory added to and annexed by said district, 

which is described in said petition, is acres, or 

square miles. 

Witness mv liand this dav of 19 . . . 



County Surveyor County, Texas 



NOTES 



(a) After the secretary has made a certified copy of the petition (Form 
No. 26). have the county svirveyor make, and attach to the copy, this certificate. 



—57— 
FOEM NO. 28 

(a) RESOLUTION OF BOARD OF TRUSTEES 

On this the daj^ of , 19. . ., the president of the 

board of trustees submitted to the board the petition in writing of 
and other persons, which peti- 
tion had been duly filed with the president of the board, praying that 
the territory hereinafter described be received as an addition to and to 
becorjie part of the .Independent School District. 

And the board having considered said petition, the affidavit of three 
of the subscribers thereof attached thereto,, and all the facts in con- 
nection therewith, is of the opinion and, upon investigation, finds the 
fact to be that the pToposed addition will not increase the corporate 

limits of said Independent School District so 

that the whole, when thus increased, will exceed twenty-five square miles^ 
and that the signers of said petition constitute a majority of the resi- 
dent qualified voters of said territory. 

Therefore, be it ordered by the board of trustees of the said 

Independent School District that the following described territory, being 
the same territory which is described in said petition, be, and the same 
hereby is, received as an addition to, and to become a part of, the cor- 
porate limits of the said Independent School District. 

Beginning in the county of , at 



NOTES 



(a) After this resolution lias been passed by the board and entered in the 
minutes, a certified copy of it must be filed for record in the deed records of 
the county clerk's office of the county in which the district is situated. The 
added territory cannot legally become a part of the district until such entry is 
made. (See Article 2865, R. S., 1911.) 

This copy should be certified hj the secretary as follows: 

The State of Texas, 
County of '. 

I, , secretary of the board of trustees of the 

Independent School District, do hereby certify that 

the above and foregoing is a true, full and correct copy of a resolution adopted 

by said board of trustees on the day of , 19 .... , 

at a (insert "regular" or "special," as was the case) meet- 
ing of the board at which were present 

(name the trustees who were present) as the same appears of record in the 

minutes of said meeting on pages of book of the minutes of the 

board, which minutes have been duly signed by the president. 

Witness my hand and seal of said district, this day of , 

19.... 



Secretary Board of Trustees. 

( Seal of the district. ) 

After the copy has been recorded, send it — together with a copy of the peti- 
tion (Form No. 26) and the county surveyor's certificate (Form No. 27) — to 
the Attorney General for insertion in the record upon incorporation. 

(See Paragraph II, page 7.) 



iffl 

IS?'!'': 



